Comments/Notes on Appellate Process & Procedures (Optional):
-The regulations do not expressly prohibit ex parte contacts at the appeal stage; parties are only prohibited from contacting the ALJ ex parte. See 41 CFR 105-70.015; 41 CFR 105-70.039. However, the appeals section does make clear that the parties have no right to appear personally before the appellate officer. See 41 CFR 105-70.039(f).
-Factual development to supplement the record is not technically permitted at the appellate stage. However, if a party makes a showing that material evidence not presented before the ALJ exists and that there are reasonable grounds for their failure to present it, the Administrator may remand to the ALJ to consider the evidence. 41 CFR 105-70.039(i).